Explained: Turmoil In Israel As PM Netanyahu Stays Firm On His Decision To Radically Overhaul Judicial System

Israeli Prime Minister Benjamin Netanyahu on Sunday (March 26) sacked his Defense Minister Yoav Gallant, triggering mass protests nationwide.

Tens of thousands of protesters hit the streets of Tel Aviv, blocking a main highway, following the announcement that Gallant had been dismissed.

Huge crowds gathered outside Netanyahu's private residence in Jerusalem, at one point breaching a security cordon.

Gallant was dismissed after he urged PM Netanyahu to go slow on judicial overhaul. Gallant expressed concerns that the planned judicial reforms threatened to exacerbate societal divisions. A former navy admiral, Gallant claimed that the PM's flagship judicial overhaul plans hurt the military's morale and will embolden Israel's enemies across the region.

Responding to his dismissal, Gallant said, "The state of Israel's security has always been and will always be my life's mission."

"At this time, for the sake of our country, I am willing to take any risk and pay any price," Gallant said in his televised address.

By sacking his recalcitrant defence minister, Netanyahu has decisively signalled that he will push for a parliamentary vote on his proposed plan to reform the judiciary this week.

Judicial overhaul plans

Netanyahu has made overhauling the country's judiciary a centrepiece of his new government's agenda.

Netanyahu appointed Yariv Levin, his close confidante and a senior member of the Likud party, as Justice Minister to spearhead the efforts to overhaul the justice system. A former Israeli Bar Association vice chairman, Levin has been involved in legal reform since joining the Likud's Knesset slate in 2009.

Israel's political right wing has sought to reform the justice system for years, characterising it as an interventionist and ideologically left-leaning institution stonewalling its legislative agenda.

Netanyahu's governing coalition is perhaps Israel's most right-wing government, drawing support from ultranationalist and ultra-orthodox parties.

The country's political right has traditionally viewed the Supreme Court as a 'permanent opposition' of unelected judges, seeking to impose the rule of the legal establishment on the legislative and executive branches, especially when centre-left opposition is electorally defeated and weakened.

Netanyahu and his allies argue that the reform plan will restore a balance between the judicial and executive branches and rein in what they see as an interventionist court with liberal sympathies.

While institutional tension between courts and parliament has been a feature in Israel since its formation, the tenure of activist judge Aharon Barak, who served as President of the Supreme Court of Israel from 1995 to 2006, is seen by a significant section of the political and religious right, as the period when judicial overreach became the norm.

Proposed Judicial Reforms

As part of its sweeping plan to reform the judiciary, the government wants to introduce an "override clause" allowing a simple majority in the Knesset — Israel's parliament — to pass laws deemed unconstitutional by the court. The Supreme Court would no longer be able to nullify government decisions based on the doctrine of "reasonableness".

The government also wants to curtail the powers of the Supreme Court by tightening political control over judicial appointments. The government's legal advisers, currently an independent group, are set to be replaced with political appointees. 

The government also proposes to lower the retirement of judges.

The Supreme Court of Israel consists of 15 judges appointed by the President of Israel upon nomination by the Judicial Selection Committee. Once appointed, Judges serve until retirement at the age of 70 unless they resign or are removed from office.

Widespread Opposition To Judicial Reforms

The plans to reform the judiciary have drawn fierce criticism from top legal officials, the Chief Justice of the Supreme Court, former lawmakers and thousands of Israelis who have come out repeatedly to protest the overhaul.

Critics say the move upends the country's system of checks and balances and imperils Israel's democratic fundamentals.

Some of his opponents accuse Netanyahu of deliberating pushing an aggressive approach with the judiciary, as he himself is facing charges of bribery and fraud. While proposed changes will not directly affect his case, Netanyahu has faced criticism that he is settling scores with the judges.

Netanyahu has so far dismissed the protests as a refusal by his opponents to accept the results of the general election in November.

His critics also point out that Netanyahu often projected himself as a champion of the Supreme Court's independence during his earlier tenure.

In recent weeks senior Finance Ministry officials have warned of an economic backlash. Some leaders of Israel's high-tech industry have said the proposed judicial changes will scare away investors.

The move to overhaul the judicial system has also faced stiff opposition from a section of the country's military. Israeli reservists, including fighter pilots, have threatened to withdraw from voluntary duty in the past weeks.

Thomas Nides, the present American ambassador to Israel, has faced accusations of openly, actively, and, some might even say recklessly, trying to thwart the Netanyahu government from passing judicial reforms in Israel.

Earlier this month, Nides reacted sharply to Diaspora Affairs Minister Amichai Chikli asking the envoy to "mind [his] own business" after Nides called on the Israeli government to slow its controversial plan to overhaul the judiciary.

Nides suggested that the Israeli government slow down the judicial overhaul effort after US President Joe Biden's statement urging the Netanyahu government to "build consensus" for the "fundamental changes" the coalition seeks to implement.